Free Supermarket Accident Claim Assessment Free Supermarket Accident Claim Assessment

Compensation for Tripping or Falling Over an Advertising Display in a Supermarket

I feel that I should be entitled to receive compensation for falling over an advertising display in a supermarket. The display unit was partially blocking and aisle and I tripped on the base and fell over and fractured my wrist. Can I make a claim against the supermarket?

You should be entitled to claim compensation for falling over an advertising display in a supermarket if the advertising display was dangerous, or was positioned in such as way that it increased the risk of customers tripping and falling to an unacceptable level. When advertising displays are used in supermarkets, they must be carefully positioned so as not to place customers at risk of tripping and falling.

Broken display in supermarket

Broken display in supermarket

The store manager – or the member of staff in charge of in-store advertising – should have conducted a risk assessment to determine whether the advertising display represented a trip risk and if it was likely to impede customers. The risk assessment should have highlighted any health and safety issues, and if the advertising display constituted a major trip risk it should have been moved to a safer location or removed from the shop floor.

If no risk assessment was conducted (or if the risk of tripping was not correctly identified) and the placement of the display posed an excessive risk to customers, this would represent a failure in a duty of care and negligence, and a claim for falling over store advertising in a supermarket should be possible on these grounds.

It is the responsibility of the claimant – with assistance from a personal injury solicitor – to prove the placement of an advertising display constituted negligence and an unacceptable health and safety risk. Most accident victims would not think to take out a mobile phone and take photographs of the positioning of the display after a trip and fall, and evidence must come from other means. Fortunately, due to the extensive network of security cameras in supermarkets, there is a strong probability that the accident – and the positioning of the display – was captured by the store’s cameras. It may be possible to obtain a copy of any recording of you under the Data Protection Act (1998), to help prove negligence in your claim for falling over store advertising in a supermarket.

One issue which can arise when claiming for a fall over a marketing display in a supermarket is the role the victim played in the cause of the accident. Customers must take a certain degree of responsibility for health and safety, and should not place themselves at risk of sustaining an injury. Insurance companies look for instances where customers have contributed to the cause of an accident as a way of reducing liability to pay compensation.

Your supermarket’s insurance company may therefore attempt to discredit your claim or to reduce compensation amounts for your fall over a marketing display in a supermarket. Even if the placement of the display was dangerous, you would not be entitled to claim compensation for falling over an advertising display in a supermarket if the accident is deemed to have been primarily your fault.

To find out if you have a valid claim, to determine if there was any contributory negligence and to have your entitlement to compensation calculated you should allow a personal injury solicitor to assess your case.